3-23-9. Removal of board member or other person from office or employment--Criminal penalties--Disgorgement--Voidable contract.
Any person who knowingly violates §§3-23-6 to 3-23-8, inclusive, shall be removed from office or employment and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§3-23-6 to 3-23-8, inclusive, and is also guilty of theft under chapter 22-30A, shall be penalized at the next greater class of penalty prescribed by chapters 22-6 and 22-30A. No person described in §3-23-6 who has submitted a good faith disclosure or request for authorization pursuant to §3-23-8 may be convicted of a crime under this chapter. Any benefit to a person derived from the person's knowing violation of §§3-23-6 to 3-23-8, inclusive, is subject to disgorgement . Any contract made in violation of §§3-23-6 to 3-23-8, inclusive, is voidable by the governing body of the local service agency, school district, or cooperative education service unit.
Source: SL 2016, ch 33, §9; SL 2017, ch 31, §16; SL 2017, ch 74, §3.
Structure South Dakota Codified Laws
Title 3 - Public Officers and Employees
Chapter 23 - Conflicts Of Interest
Section 3-23-1.1 - Definitions.
Section 3-23-7 - Officials with contract authority--Description of direct benefit from contract.
Section 3-23-7.1 - Officials with contract authority--Description of interest in contract.
Section 3-23-8.1 - Written conflict of interest policy.
Section 3-23-10 - Authorities, boards, and commissions subject to chapter.